1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On July 21, 2018, the Defendant driven a FM3 car under the influence of alcohol with approximately 0.085% alcohol concentration at approximately 1.5km from the front of the road located in Sacheon-si B to the front of the road located in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In this case, the defendant has increased the risk of traffic accident by driving a motor vehicle while driving a motor vehicle at the principal place. In fact, the above risk has been realized and caused a traffic accident by taking another vehicle into account. The illegality of the crime is serious.

In addition, since the defendant committed the crime of this case again even though he had been punished twice due to drinking driving in the past, the responsibility for the crime of this case is heavy and it is necessary to punish more severe punishment to prevent recidivism in the future.

However, consideration of favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case and reflects the fact that the defendant has no record of punishment exceeding the fine, and the record and change of the defendant's age, sex behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. are made.